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Jharkhand Court September 2012 Judgments

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Sep 01 2012

Shiva Turi Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.6279of2012 ShivaTuri Petitioner Versus TheStateofJharkhand OppositeParty ----- CORAM: HONBLEMR.JUSTICEALOKSINGH ----- ForthePetitioner :Mr.NiranjanSingh,Advocate FortheState :Mr.PankajKumar,A.P.P. 02/01.09.2012 Present bail application is moved, seeking regular bail, in connectionwithTundiP.S.CaseNo.66of2009,correspondingtoG.R. No.2850 of 2009, registered under Sections 147/148/149/353/307/436/427oftheIndianPenalCode,27/35ofthe ArmsAct,3/4ofP.D.P.Act,17ofC.L.A.Actand3/4/5oftheExplosive SubstanceAct. Mr. Pankaj Kumar, learned A.P.P. submits that the role of the present petitioner is identical to the role of the another coaccused namely,AmojModak@AmodandGobindManjhi,whohavealready been enlarged on bail, vide orders dated 25.06.2012 and 05.04.2012 respectively. Onbeingasked,astowhether,anyotheractisattributedtothe petitioner,overandabove,theroleattributedtothecoaccused,Amoj Modak@AmodandGobindManjhi,learnedA.P.P.statesthatnoother role, over and abo...


Sep 01 2012

Rajesh Murmu Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI --- A.B.A. No. 2450 of 2012 --- Rajesh Murmu .... ... ... ... ... Petitioner --Versus-- The State of Jharkhand & Anr. ... ... Opp. Parties --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY --- For the Petitioner : Mr. Kaushal Kishore Mishra, Advocate For the State : A.P.P. --- 02/ 01.09.2012 Issue notice to the Opposite party no.2 by registered post with A/D as well as under ordinary process, for which requisites etc. must be filed within one week, failing which this application shall stand rejected without further reference to the Bench. Rule is made returnable in admission matter by six weeks. Police will not arrest the petitioner namely Rajesh Murmu in connection with the present case (P.C.R.Case No.70 of 2011), pending in the court of Judicial Magistrate, 1st Class, Jamtara, till 01st November,2012. Counsel for the petitioner will deposit the cost of the fax to communicate this order to the court concerned. ( Jaya Roy, J.) SI/...


Sep 01 2012

Ram Pravesh Kumar Singh ? Billu Singh Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI Cr.Appeal(DB)No.48of2010 RamPraveshKumarSingh@BilluSingh@BilluAppellant Versus TheStateofJharkhand Respondent CORAM: HONBLEMR.JUSTICED.N.PATEL HONBLEMR.JUSTICEPRASHANTKUMAR FortheAppellant: XX FortheState: A.P .P. 04/Dated:1 st September,2012 Oralorder: PerD.N.Patel,J.:1. ThismatterhasbeenplacedbeforethisBenchuponreceiptofletter fromtheJudicialCommissioner,Ranchidated31st July,2012asthesaid trialcourtisinneedofrecordandproceedingsoftheSessionsTrialNo.476 of2008.2. RegistryofthisCourtisdirectedtogetapaperbookbepreparedin thiscriminalappealwithinaperiodofoneweekfromtodayastherecord and proceedings of Sessions Trial No. 476 of 2008 has already been receivedinthe monthof March,2010andaftergettingthe paperbook preparedasrequiredunderRule190and191oftheJharkhandHighCourt Rules, 2001 with neatly typed copy of the depositions, immediately the recordandproceedingofSessionsTrialNo.476of2008willbesenttothe courtofJudicialCommissioner,Ranchi.3. WefurtherdirecttheJu...


Sep 01 2012

Ram Lal Singh and anr Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 2723 of 2009 Ram Lal Singh & Anr. .. Petitioners Versus The State of Jharkhand & Others .. Respondents ----- CORAM: HONBLE MR. JUSTICE NARENDRA NATH TIWARI ----- For the Petitioners - Mr. Manjul Prasad, Sr. Advocate For the CCL - Mr. Ananda Sen, Advocate ----- 4/01.09.2012 The petitioners have prayed for direction on the respondents to pay compensation to the petitioners at the market rate in lieu of the land appertaining to Khata No.86, Plot Nos.42, 1380, 31, 1382 of village Patratu, P.S. Patratu, Thana No.22, District Hazaribag. It has been stated that the petitioners are the owners of the said land in the year 2006. The District Land Acquisition Officer, Hazaribag by letter dated 9.10.2006 requested the Executive Engineer, Building Division, Hazaribag / Ramgarh to make assessment of the land in question. The petitioners came to know from reliable sources that the Executive Engineer had made assessment of the land along with the ...


Sep 01 2012

Nimai Chandra Mandal Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.215 of 2012 Nimai Chandra Mandal . Petitioner Versus State of Jharkhand & Ors. ...Respondents Coram : The Honble Mr. Justice Narendra Nath Tiwari For the Petitioner : Mr. J.P.Jha, Sr. Advocate For the Respondents : J.C. to G.P.VI ----- 4/01.09.2012 In this writ petition, the petitioner has prayed for a direction on the respondents to grant Fair Price Shop licence under the Bihar/Jharkhand Trade Articles(Licenses Unification) Order,1984 in his name. It has been submitted that earlier licence was granted in the name of the petitioner, but the same has been unilaterally and illegally cancelled. The writ petition has been opposed by the State-respondents stating, inter alia, that the statement and the claim made by the petitioner are wholly frivolous and baseless. The original licencee was respondent no.5, who happened to be the brother-in-law(sister's husband) of the petitioner. Due to ill health, the respondent no.5 had requested the au...


Sep 01 2012

Bibi Jahana and ors Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.2444of2012 1.BibiJahana 2.BibiJamila 3.BibiSahani ... ... Petitioners Versus TheStateofJharkhand ... ... ...OppositeParty CORAM :HON'BLEMRS.JUSTICEJAYAROY ForthePetitioners :Ms.NutanKumariVerma,Advocate FortheState :A.P.P. 02/01.09.2012 Ms. Nutan Kumari Verma, counsel appearing for the petitionersseekspermissiontowithdrawthisapplication. Prayerisallowed. Accordingly,thisapplicationisdismissedaswithdrawn. However,ifthepetitioners surrender,thetrialCourt/Court belowwillpassorderaccordingtolawwithoutbeingprejudicedbythe orderofthisCourt. (JayaRoy,J.) Anit...


Sep 01 2012

Md Sohail Alias Munna Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6194 of 2012 Md. Sohail @ Munna Petitioner Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. Awnish Shankar, Advocate For the State : A.P.P. ----- 2/01.09.2012 Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. The petitioner is an accused in a case instituted under Sections 414/34 of Indian Penal Code. Learned counsel appearing for the petitioner submits that according to the case of the prosecution, one motorcycle said to be stolen was recovered from the possession of the petitioner, but admittedly no report was there with respect to theft of that motorcycle and in that event, the petitioner cannot be said to have committed any offence under Section 414 of Indian Penal Code. Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs....


Sep 01 2012

Rahul Lamay Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6191 of 2012 Rahul Lamay Petitioner Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. R.C.P. Sah, Advocate For the State : A.P.P. ----- 2/01.09.2012 Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. The petitioner is an accused in a case instituted under Sections 395 of Indian Penal Code. Learned counsel appearing for the petitioner submits that the petitioner's name got transpired in a case of dacoity on the basis of the confessional statement made by the co-accused which has got no evidentiary value and that the petitioner has been in custody since 20.3.2011. Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magis...


Sep 01 2012

Sanjay Lal Sinha Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.6276of2012 SanjayLalSinha Petitioner Versus TheStateofJharkhand OppositeParty ----- CORAM: HONBLEMR.JUSTICEALOKSINGH ----- ForthePetitioner :Mr.A.S.Dayal,Advocate FortheState :Mr.S.K.Dubey,A.P.P. 02/01.09.2012 Present bail application is moved, seeking regular bail, in connection with Kotwali Sukhdeo Nagar P.S. Case No.234 of 2011, corresponding to G.R. No.1346 of 2011 (S.T. No.350 of 2012), registeredunderSections498A/304BoftheIndianPenalCode. HavingperusedParagraphNos.4,5,6and7ofthecasediary, prima facie, it seems that the deceased caught fire, due to accident. CoordinateBenchofthisCourt,inB.A.No.2459of2012,inthecaseof ShankarLalSinhaVs.TheStateofJharkhand,decidedon19.04.2012, has also noticed the same fact. Petitionerhusband is in jail w.e.f. 29.07.2011.Trialhasnotbeenconcludedsofar. Consideringthetotalityofthefactsandcircumstancesofthecase, Idirectthatthepetitionerbereleasedonbail,onfurnishingpersonal bond and two sureties to the satisfactio...


Sep 01 2012

Sakhi Gopal Dutta Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND,RANCHI. A.B.A. No. 2412 of 2012 Sakhi Gopal Dutta .. Petitioner(s) Versus State of Jharkhand . . ..Opp. Party(s) CORAM :- HONBLE MR. JUSTICE P.P.BHATT For the Petitioner(s) : Mr. A.K.Sahani For the State : A.P.P. 2/1.9.2012 Present anticipatory bail application has been filed under sections 438 and 440 of the Code of Criminal Procedure seeking anticipatory bail in connection with Katras P.S. Case No. 101 of 2012 (G.R. No. 1719 of 2012) dated 4.5.2012 registered under sections 420/ 406/ 467 /468/ 341/ 323 of the Indian Penal Code pending in the court of learned Judicial Magistrate, Dhanbad in which the petitioner has reason to believe of being arrested by the police. Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State and perused the papers including the agreement dated 30th October,2009 (Annexure-2) attached to this petition Having regard to the facts and circumstances of the present case as also in view of...


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